NARENDER SINGH Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Ss. 397 and 401 read with Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.'), challenging the Order dtd. 20/8/2022 (hereinafter referred to as the 'Impugned Order') passed by the learned Additional Sessions Judge - 01, Special Court (POCSO Act), North District, Rohini Courts, Delhi (hereinafter referred to as the 'Trial Court') in SC 253/2018, titled State v. Narender Singh, dismissing the application filed under Sec. 311 of the Cr.P.C. by the petitioner seeking recalling of the victim (PW-1) and her mother/complainant (PW-2) for further cross-examination. Factual Matrix: -

(2.) The above criminal case has been registered on a final report filed by the police upon the completion of the investigation in FIR No. 404/2017 registered at Police Station: K.N. Katju Marg, Rohini District, Delhi, under Sec. 354 of the Indian Penal Code, 1860 (in short, 'IPC') and Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act').

(3.) It is the case of the prosecution that on 4/9/2017, the victim, aged around 17 years, went to her tuition class at about 2:00 PM., when her tuition teacher, the petitioner herein, forcefully touched her private parts from inside her clothes. A medical examination was conducted at the BSA Hospital. Her statement under Sec. 164 of the Cr.P.C. was recorded on 5/9/2017. Charges under Sec. 10 of the POCSO Act and under Sec. 354 of the IPC were framed against the petitioner by the learned Trial Court vide Order dtd. 2/6/2018 passed by the learned Trial Court. The statement of PW-1, the victim, was recorded on 31/8/2018. In spite of opportunity granted, she was not cross-examined by the petitioner. Later, on 6/2/2019, the petitioner filed an application under Sec. 311 of the Cr.P.C., praying for the PW-1 to be recalled for her cross-examination. The said application was allowed by the learned Trial Court, and PW-1 was cross-examined by the petitioner on 4/9/2019 and 30/10/2019 and her cross-examination was concluded.